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Legal Opinion

School District of Lancaster v. Lake Asbestos of Quebec, Ltd.

Court of Appeals for the Third Circuit

Decided December 13, 1990No. Nos. 90-1247, 90-1248PublishedCited by 22 opinions

1Opinion of the Court

OPINION OF THE COURT

ALDISERT, Circuit Judge.

Here we are confronted with an appeal by two non-settling defendants in a nationwide class action asbestos action who unsuccessfully contested a settlement agreement entered into by another defendant in the district court. We conclude that these non-settling defendants lack standing to challenge the agreement. Accordingly, we affirm the judgment of the district court.

I

In 1984, the district court certified a nationwide opt-out class of school districts seeking to recover from approximately fifty defendants. Three defendants made offers to settle:…

2Cases cited8 opinions

  1. Baker v. CarrSupreme Court of the United States · 1962
  2. Association of Data Processing Service Organizations, Inc. v. CampSupreme Court of the United States · 1970
  3. In Re Beef Industry Antitrust Litigation, M. D. L. Docket No. 248. Meat Price Investigators Association v. Iowa Beef Processors, Inc., and Farr Farms Company and Farr Feeders, Inc., Darrell Cameron v. Iowa Beef Processors, Inc., and Farr Farms Company and Farr Feeders, Inc., Don Ludvigson v. Iowa Beef Processors, Inc., and Farr Farms Company and Farr Feeders, Inc., in Re Beef Industry Antitrust Litigation, M. D. L. No. 248. Meat Price Investigators Association v. Iowa Beef Processors, Inc. v. Spencer Foods, Inc., Darrell Cameron v. Iowa Beef Processors, Inc. v. Spencer Foods, Inc., Don Ludvigson v. Iowa Beef Processors, Inc. v. Spencer Foods, Inc., in Re Beef Industry Antitrust Litigation, M. D. L. No. 248. Don Ludvigson v. Iowa Beef Processors, Inc. And Mbpxl CorporationCourt of Appeals for the Fifth Circuit · 1979
  4. In Re School Asbestos Litigation. Kaiser Gypsum Company, Inc. v. The Honorable James McGirr Kelly, Nominal and Barnwell School District No. 45, in Re School Asbestos Litigation. United States Gypsum Company v. The Honorable James McGirr Kelly, Nominal and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, in Re School Asbestos Litigation. Fibreboard Corporation v. The Honorable James McGirr Kelly, Nominal and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, in Re School Asbestos Litigation. W.R. Grace & Co. v. The Honorable James McGirr Kelly, Nominal and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified ClassCourt of Appeals for the Third Circuit · 1990
  5. In Re Fine Paper Litigation State of Washington, No. 79-2738. State of New YorkCourt of Appeals for the Third Circuit · 1980

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3Cited by22 opinions

  1. Seneca Resources Corp. v. Township of HighlandCourt of Appeals for the Third Circuit · 2017
  2. Smith v. Arthur Andersen LLPCourt of Appeals for the Ninth Circuit · 2005
  3. In Re School Asbestos Litigation. Kaiser Gypsum Company, Inc. v. The Honorable James McGirr Kelly, Nominal and Barnwell School District No. 45, in Re School Asbestos Litigation. United States Gypsum Company v. The Honorable James McGirr Kelly, Nominal and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, in Re School Asbestos Litigation. Fibreboard Corporation v. The Honorable James McGirr Kelly, Nominal and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified Class, in Re School Asbestos Litigation. W.R. Grace & Co. v. The Honorable James McGirr Kelly, Nominal and Barnwell School District No. 45, School District of Lancaster, Manheim Township School District, Lampeter-Strasburg School District, Board of Education of the Memphis City Schools, and a Conditionally Certified ClassCourt of Appeals for the Third Circuit · 1990
  4. In Re MinerBankruptcy Appellate Panel of the Second Circuit · 1999
  5. In Re School Asbestos LitigationCourt of Appeals for the Third Circuit · 1991

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